Daniel Penny pleads not guilty to revised charges in chokehold death of Jordan Neely on NYC subway

Daniel Penny departs Manhattan Criminal Court following his arraignment, Wednesday, June 28, 2023, in New York. Penny, 24, pleaded not guilty to second-degree manslaughter and criminally negligent homicide in the May 1 death of Jordan Neely, a former Michael Jackson impersonator who was shouting and begging for money when Penny pinned him to the floor of the moving subway car with the help of two other passengers and held him in a chokehold for more than three minutes. AP Photo/John Minchillo

A U.S. Marine veteran who placed a homeless man in a fatal chokehold aboard a New York City subway train last month pleaded not guilty on Wednesday to revised charges.

Daniel Penny, 24, pleaded not guilty to second-degree manslaughter and criminally negligent homicide in the May 1 death of Jordan Neely, a former Michael Jackson impersonator who was shouting and begging for money on the Manhattan train, according to witnesses.

Penny pinned him to the ground with the help of two other passengers and held him in a chokehold for more than three minutes. Neely, 30, lost consciousness during the struggle.

The chokehold death, which was caught on bystander video,ย has prompted fierce debate, with some praising Penny as a good Samaritan and others accusing him of racist vigilantism. Penny is white and Neely was Black.

At a brief arraignment on Wednesday, Penny, who is free on bond, uttered only the words โ€œnot guiltyโ€ before leaving the courtroom with his lawyers.

Penny was initiallyย arrested on the manslaughter chargeย in May, but aย grand jury earlier this monthย added the negligent homicide count, potentially giving a trial jury the option of finding him guilty of the lesser charge.

To get a manslaughter conviction, which carries a prison sentence of up to 15 years, prosecutors would have to prove Penny recklessly caused Neelyโ€™s death while being aware of the risk of serious harm.

A conviction for criminally negligent homicide would require the jury to find that Penny…

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